This instrument exempts Air Operator Certificate holders and their flight crew members, who are involved in aeroplane aerial application operations, from the requirements of Civil Aviation Order 48.1 Instrument 2013 and subsections 2 and 3 of Civil Aviation Order 48.1 as contained in Civil Aviation Amendment Order (No. R48) 2004. This will remove any doubt that all flight time limitations and fatigue management requirements for aeroplane aerial application operations will continue to be those imposed under Subpart 137.Q of the Civil Aviation Safety Regulations 1998 which, for the time being, are specifically designed for such operations.

aerial application operation has the meaning given by regulation 137.010 of the Civil Aviation Safety Regulations 1998 (CASR).

4 Application of section 5

Section 5 of this instrument applies to the following:

(a) the holder of an Air Operator’s Certificate (an AOC) for an aeroplane who is engaged in an aerial application operation using the aeroplane (the operator);

(b) each flight crew member (an FCM) employed by, and undertaking aerial application duties in the aeroplane for, the operator;

if on the commencement of this instrument, the operator is required to comply with Civil Aviation Order 48.1 Instrument 2013.

5 Exemption — Civil Aviation Order 48.1 Instrument 2013

Each operator and each FCM mentioned in section 4 is exempt from compliance with the requirements of Civil Aviation Order 48.1 Instrument 2013.

Note The exemption does not apply to any helicopter operations.

6Conditions for section 5

The exemption mentioned in section 5 is subject to the following conditions:

(a) before an FCM conducts an aerial application operation for an operator in an aeroplane, the operator must be satisfied that the FCM has received awareness material, or training, in managing the fatigue-related risks relevant to his or her duties as an FCM;

(b) the operator and the FCM must comply with the requirements of Subpart 137.Q of CASR to the extent that those requirements apply to the person.

Note Regulation 137.300, in particular, deals with the FCM being fit for duty.

7 Application of section 8

Section 8 of this instrument applies to the following:

(a) the holder of an Air Operator’s Certificate (an AOC) for an aeroplane who is engaged in an aerial application operation using the aeroplane (the operator);

(b) each flight crew member (an FCM) employed by, and undertaking aerial application duties in the aeroplane for, the operator;

if on the commencement of this instrument, the operator is required to comply with subsections 2 or 3 of the Civil Aviation Amendment Order (No. R48) 2004.

Each operator and each FCM mentioned in section 7, is exempt from compliance with the requirements of subsections 2 and 3 of the Civil Aviation Amendment Order (No. R48) 2004.

Note The exemption does not apply to any helicopter operations, nor to subsection 1 of the Civil Aviation Amendment Order (No. R48) 2004 which is not for aerial application operations.

9Condition for section 8

The exemption mentioned in section 8 is subject to the condition that the operator and the FCM must comply with the requirements of Subpart 137.Q of CASR to the extent that those requirements apply to the person.

Note Regulation 137.300, in particular, deals with the FCM being fit for duty.